The Judge

Makes decisions on the admissibility of evidence Controls the events within the court room Interprets the law as its pertains to the case When a jury is involved the judge instructs the jury on point of law Non-jury trial, the judge determines guilt or innocence and then passes a sentence

The Defence
Duty counsel provide free legal advice to a person being charged or interrogated at a police station If an accused pleads guilty, sometimes a duty counsel can represent them in their hearing Defence counsel represents the interests of the accusednot guilty case the counsel will try to show reasonable doubt to the accuseds guilt Guilty plea or after a conviction, the counsel will recommend an appropriate sentence for the convicted

The Prosecution
The Crown represents the governments interests in investigating and punishing criminal offences to ensure societys safety

The Crown prepares the governments case by researching the law, assembling evidence and taking statements from witnesses
Their most important job is to provide evidence

Court Clerk
Assists the judge by keeping a record of the trial exhibits Administer oaths, controls the flow of proceedings

Court Reporter
Records verbatim everything said in a trial Uses a specific electronic device Produces for the courts transcripts for appeals and even statements during trial

Witnesses
Give evidence concerning their knowledge of the circumstances of a case Witnesses can be issued a subpoena requiring them to appear in court Witnesses testify under oath

If any incorrect statements are stated- perjury may occur

Jury
Group of 12 people Chosen in a process called empanelling Both Crown and Defence have a say in who is selected Listen to arguments, examine evidence and follow the judges instructions

Decide guilt or innocence

Must be unanimous

Motions at the Beginning of a Trial

Crown and

Defence may present motions to the judge

Stay of

Proceedings (motion to stop the trial)

Presentation of Evidence
Arraignment (reading of the charges)

Accused enters a plea

Crown evidence
1.

2.

Section 11(d) presumed innocent until proven guilty Crown must counter or disprove this presumption of innocence Crown opening statements (summarize the Case) Call evidence (witness testimony and exhibits)

The Crown: types of evidence

Direct evidence: eye witness testimony. Can be unreliable Circumstantial evidence: indicates a high probability of the accused

guilt. Usually not enough to a conviction (R.v.Truscott (1967)

Examination-in-chief: 1st questioning of a witness. (Cant ask leading

questions yes / no answers)

Defense cross-examines witness. May ask leading questions Witness credibility is what counts! Crown may re-examine the witness

Defence: evidence
May call for a directed verdict Crown has not proven actus reus and mens rea Must establish reasonable doubt Once the Crown rests the defence goes through

the same as the Crown

1. 2. 3.

4.

Defence opening statements (summarize the Case) Call evidence (witness testimony and exhibits) Crown cross examines the Defences witnesses Defence can re-examine their witnesses

Witnesses
List of Crown witnesses must be

given to the defence prior to the trial

Witnesses usually appear

voluntarily
May be served a subpoena
Refusal to appear arrest

warrant and detained for 30 days If justified (Judges decision) may be detained 90 days, found guilty of contempt of court

Witness continued
Must swear an oath
On bible Affirmation (to tell the truth)

Perjury - knowingly giving false

testimony with the intent to mislead

Max sentence 14 yrs

Adverse witness
Hostile to a particular position may be

called by both Crown and defence Side that calls an adverse witness cannot bring forward evidence of the witnesss bad character Can contradict by offering other evidence

Final Summations
Defence delivers a closing argument Crown is the last to provide their closing argument Judge gives the charge to the Jury Jury deliberates Verdict is read in court- decision for sentencing are

arranged

JURY SELECTION AND CHALLENGES

The Jury Selection

The selection of a jury may take many days it is called

empanelling.

The Jury Selection

The process of EMPANELLING: A list of jurors for a session of court is selected; This list is computer generated; Then a committee randomly selects 75 100 names; These people are summoned to appear at the court by notice

the more controversial the case, the more people called; The prospective jurors assemble in the courtroom at the start of the trial; A card bearing the name of each person is put into a barrel and are drawn one at a time the person selected steps forward.

The Jury Selection

The judge may immediately exempt a person for the

following reasons:
1. the person has a personal interest in the matter being

tried. 2. the person has a personal relationship with the accused. 3. personal hardship. 4. any other reasonable cause.

The Jury Selection

The Defence and the Crown then have the right to accept or

reject jurors.
The lawyers must determine the value a prospective juror

might have in a specific case.

The lawyers consider each juror`s age, gender, marital

status, ethnicity, religion, financial status, occupation, etc.

The only questions lawyers can ask prospective jurors are

pre-approved by the judge.

The Jury Selection

The people in the list below are automatically exempted

from jury duty:

Under 18 years old Not a Canadian citizen

An M.P.P. or M.P. or senator or municipal councillor

Doctor, nurse, warden, sheriff, prison guard and their spouses. Blind, or has a mental disability Convicted of an indictable offence

Firefighter

The Challenges to Jury Selection

The Defence has the right to challenge the first juror.
After that, the Crown and the Defence alternate

Three types of Challenges exist

1. Challenge the Jury list:
Rarely used Either side must show that the entire selection process

was fraudulent and impartial.

(ie. The selection committee omitted all citizens of a

specific ethnic group)

Three types of Challenges exist

2. Challenge for Cause:
A juror does not meet the requirements of being a juror. A juror does not speak the language in which the case will

be heard.

Three types of Challenges exist

3. Peremptory Challenge:
Allows either side to eliminate a prospective juror without

reason.